Florida/Georgia Personal Injury & Workers Compensation

...Co., Fla., 210 So.2d 715, is that after a first accident an automobile owner complying with the Financial Responsibility Law may not have excluded from his automobile liability policy, coverage for those operating the insured automobile with his permission, contrary to F.S. section 324.151(1) (a), F.S.A....

...ements which are not involved in this case, nor does the insured Paul Cohen fall under these requirements at this time, so far as we know, we simply point out the wording that our Legislature has chosen to use in this insurance statute. Furthermore, Section 324.151(1)(a), Florida Statutes (1971), which is also part of the Financial Responsibility scheme, requires the description of all vehicles in an owner's liability policy so that they may be insured "against damage arising out of the ownership, maintenance, or use of such motor vehicle......

......" (Emphasis supplied.) Prior to the accident, Old Republic Insurance Company's policy protecting drivers of rental cars of Yellow Rent-A-Car had been certified as proof of financial responsibility and conformed to the State's Financial Responsibility Law, F.S., Chapter 324, F.S.A. Section 324.151(1) (a), F.S., F.S.A., provides: "An owner's liability insurance policy ......

...1959), to be a bar to the Court's authority to review the district court's Roth decision. [6] This point had already been established in the Susco case. [7] This conclusion is discerned from the district court decision which the Court in Roth reviewed. See Roth v. Cannel, 242 So.2d 491, 492-93 (Fla.3d DCA 1970). [8] § 324.151(1)(a), Fla....

...f $50,000, the excess over its responsibility for $100,000 of primary coverage and the amount paid by INA under its excess insurance contract with Camp Ocala. [10] INA argues that the financial responsibility law requires co-extensive coverage since Section 324.151(1)(a) directs that "a policy" shall cover both an owner and operator....

...nd operator of a motor vehicle involved in an accident shall respond for such damages and show proof of financial ability to respond for damages in future accidents as a requisite to his future exercise of such privileges." (Emphasis supplied.) F.S. Section 324.151, F.S.A., makes it quite plain that a motor vehicle liability policy is issued to benefit members of the public injured personally or property-wise by the owner or operator of the motor vehicle covered by the policy to the extent of certain monetary limits prescribed in F.S....

...to satisfy a judgment is by furnishing proof of financial responsibility, as defined in § 324.031, supra. A "motor vehicle liability policy", in order to constitute proof of financial responsibility, must conform to §§ 324.021(7), 324.021(8) and 324.151(1), Fla....

...Ohio Motor Vehicle Financial Responsibility Act. The court found that the intent of the legislature was that the definition of "owner's policy of liability insurance" [this term is defined by the Ohio Act to include the same coverage as required by § 324.151(1) of our statute, and, as in our statute, was required under the definition of a "motor vehicle liability policy"] should be applied to the term "automobile liability insurance"....

...324.031 reads as follows: "Manner of proving financial responsibility "The operator or owner of a vehicle may prove his financial responsibility by: "(1) Furnishing satisfactory evidence of holding a motor vehicle liability policy as defined in § 324.021(8) and § 324.151, or "(2) Posting with the state treasurer of a satisfactory bond of a surety company authorized to do business in this state, conditioned for payment of the amount specified in § 324.021(7), or "(3) Furnishing a certificate of the state t...

...In Fowler and Maryland Casualty, we held that the insurer of the owner/lessor of the vehicle is responsible for the first $10,000 in damages, the amount of insurance the owner of a vehicle is required to maintain under the financial responsibility laws of Florida, section 324.151(1)(a) and 324.021(7), Florida Statutes (1981), unless the lessor properly shifted the burden of primary insurance pursuant to section 627.7263, Florida Statutes (1981)....

...In the decision here reviewed the appellate court interpreted the Financial Responsibility Law of 1955, Chapter 324, Fla. Stat., F.S.A., as applicable to all automobile liability insurance policies issued on Florida vehicles and held, in effect, that the minimum financial responsibility requirements specified in Section 324.151 of the Act must be read into and become a part of each such policy regardless of whether such policy was taken out voluntarily by the insured before being involved in an accident, or whether such policy was taken out or furnished as p...

...otor vehicle involved in an accident to "show proof of financial ability to respond for damages in future accidents as a requisite to his future exercise of such privileges" — (emphasis added) Sec. 324.011, F.S.A. See also a clarifying amendment to Section 324.151, adopted at the 1965 session of the Legislature, Ch....

expressly relied on the Financial Responsibility Law, § 324.151(l)(a), Fla. Stat. (1969), governing insurance

...Insurance Company. While this policy was in effect he was involved in a serious accident which was the fault of a third party. The third party carried automobile liability insurance within the limits as required by Florida law. See § 324.021(7) and § 324.151(1) (a), Fla....

...Thornton; Tobin & Jaffe, Coral Gables, for appellees. Before BARKDULL, C.J., and PEARSON and HENDRY, JJ. PEARSON, Judge. The question to be determined on this appeal is whether an automobile insurance policy which has been certified as coverage under an SR-22 form filed pursuant to Fla. Stat. § 324.151(1), F.S.A., may have exclusions to coverage....

...issued after the "first accident," must include ten thousand dollars in coverage to protect the insured owner in the event of a future automobile accident causing bodily injury to any one individual. Fla. Stat. §§ 324.011, 324.021(7), 324.021(8), 324.151(1) (a)....

...State Farm argues that when the legislature enacted this chapter, it had to be fully cognizant of the fact that all insurance policies contain exclusionary provisions, and offers as an example the requirement that "all such motor vehicle liability policies shall state ... the coverage afforded by the policy." Fla. Stat. § 324.151(1) (c), F.S.A....

...the uninsured motorist statute. Instead, we infer from the Legislature's silence its intent to permit territorial restrictions on uninsured motorist coverage so long as they are no more restrictive than the minimal territorial restrictions found in Section 324.151 of the Financial Responsibility Law....

...imposed by law, we are not disposed to extend coverage in the manner proposed." Marchant v. South Carolina Insurance Co., 316 S.E.2d 707, 709 (S.C. App. 1984). Accordingly, the judgment below is Affirmed. NOTES [1] The Financial Responsibility Law, § 324.151(1)(a), Fla....

...MILLEDGE, STANLEY, Associate Judge, dissents. MILLEDGE, STANLEY, Associate Judge (dissenting). This seems to be the first time an appellate court in Florida has been called upon to determine whether a motor vehicle liability policy, containing an omnibus clause pursuant to the requirement of § 324.151, Fla....

...erefor. The statute affords a number of ways for the owner or operator to prove his financial responsibility, one of which is "furnishing satisfactory evidence of holding a motor vehicle liability policy" (§ 324.031) as defined in § 324.021(8) and § 324.151. So far as is here germane, § 324.151 reads as follows: "An owner's liability insurance policy shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby granted and shall insure the owner named therein and...

...ominion of Canada, subject to limits, exclusive of interest and costs with respect to each such motor vehicle as is provided for under § 324.021(7)." The terms of the omnibus clause of the present policy are very similar to, but not identical with, § 324.151....

...beyond all doubt that the public policy of Florida, in requiring financial responsibility of those liable, is that permission initially given is all that is required to bring an operator to whom initial permission has been given, within the scope of § 324.151, and make the operator an insured....

...y not a "motor vehicle" for purposes of financial responsibility. § 324.021(1), Fla.Stat. (1993). This antique automobile policy does not provide the minimum coverage required for Mr. Martin in a policy issued for financial responsibility purposes. § 324.151(1)(b), Fla.Stat....

...Any insurance policy which is represented as providing security under the Automobile Reparations Reform Act will be enforced as if it were in compliance with that act regardless of its actual terms. See Section 627.733(3)(a), Florida *564 Statutes. [1] In addition Section 324.151 of the Financial Responsibility Law provides that an insurance policy must secure coverage to the insured "against loss from the liability imposed by law for damage arising out of the ownership, maintenance, or use ..." of a motor vehicle if used as proof of financial security....

...In other words, Progressive attempted to impinge upon the rule announced by the Supreme Court in Lynch-Davidson, supra, and like cases whereunder liability policies issued pursuant to and required by the financial responsibility law must conform to the coverages required by Section 324.151, Florida Statutes, F.S.A....

...This is clearly shown in Chapter 324, which permits the posting of a liability policy to establish proof of financial responsibility; pertinent parts are as follows: Sec. 324.031(1) — "Furnishing satisfactory evidence of holding a motor vehicle liability policy as defined in § 324.021(8) and § 324.151, or * * *" Sec....

...nd/or operator against loss from liability for bodily injury, death and property damage arising out of the ownership, maintenance or use of a motor vehicle in not less than the limits described in § 324.021(7), and conforming to the requirements of § 324.151, issued by any insurance company authorized to do business in this state." Also, a portion of Sec. 324.151(1) provides: "* * * and shall insure the owner named therein and any other person as operator using such motor vehicle or motor vehicles with the express or *547 implied permission of such owner, against loss from the liability imposed by law...

...icted of certain traffic offenses meeting the operative provisions of s.324.051(2) [to] respond for such damages and show proof of financial ability to respond for damages in future accidents as a requisite to his future exercise of such privileges. Section 324.151(2), Florida Statutes (1987), provides: The provisions of [section 324.151, dealing with owner or operator's motor vehicle liability policies as proof of financial responsibility] shall not be applicable to any automobile liability policy unless and until it is furnished as proof of financial responsibility...

...In this case, Southeastern, insurer of the vicariously liable party, also provided insurance for the driver, the actively negligent party, as a permissive user. Southeastern, therefore, was not, as a matter of law, entitled to follow Allstate and Classified, who insured the driver as an additional insured. Section 324.151(1)(a), Florida Statutes (1977), requires an owner's liability insurance policy to insure, not only the owner of a motor vehicle, but any other person operating the motor vehicle with the express or implied permission of the owner....

...e of the privilege of using the streets, roads, and highways of this state. Proof of such responsibility does not extend to prior accidents which may have been caused by the owner's or operator's negligence in the maintenance and use of his vehicle. Section 324.151(2) of the financial responsibility law states: "The provisions of this section shall not be applicable to any automobile liability policy unless and until it is furnished as proof of financial responsibility for the future pursuant to...

...vehicle involved in an accident to `show proof of financial ability to respond for damages in future accidents as a requisite to his future exercise of such privileges' — (emphasis added) Sec. 324.011, F.S.A. See also a *99 clarifying amendment to Section 324.151, adopted of the 1965 session of the Legislature, Ch....

...said policy is so furnished.'" [2] In Lynch-Davidson there was no proof nor contention that the insurance policy sued upon had been certified as proof of financial responsibility following a first accident by the insured vehicle as provided in F.S. Section 324.151, F.S.A....

...In doing so, we conclude that the vehicle driven by Snyder, a golf cart that had been modified, inter alia, to exceed a speed of twenty miles per hour, fell within the statutory definition of a “low speed vehicle” and, as such, was a “motor vehicle” as defined in section 324.021. Because section 324.151(l)(b) requires that an insurance policy issued pursuant to Florida’s Financial Responsibility Law “insure the person named therein against the loss from the liability imposed upon him or her by law for damages arising out of the u...

...or’s motor vehicle liability policy of insurance shall insure the person named therein against loss from the liability imposed upon him or her by law for damages arising out of the use by the person of any motor vehicle not owned by him or her.... § 324.151(l)(b), Fla. Stat. (2007). Based on the clear and unambiguous language of section 324.151, Security was required to insure Snyder against loss from liability imposed upon him for damages suffered by Angelotta as a result of Snyder’s negligent operation of his leased vehicle on February 28, 2008....

...for identification. In order for the vehicle in this case to be in compliance with Florida's Financial Responsibility Law, Sherrie Lynn Simpson, as owner of the vehicle, was required to have it insured if she or another person was operating it, see § 324.151(1)(a), Fla. Stat. (2005), unless that other person operating it had personal insurance coverage for the operation of any vehicles not owned by him, see § 324.151(1)(b)....

...o the extent of valid and collectible coverage ($250,000 in this case); then, by virtue of the vicarious secondary liability of the owner-lessor under the dangerous instrumentality doctrine for the negligence of a permissive user of its vehicle (and section 324.151(l)(a), Florida Statutes), the owner-lessor’s insurer again provided “excess” or “umbrella” coverage to the limits of valid and collectible coverage ($490,000 in this case)....

...resolving the issue on appeal. The conclusion that, absent compliance with section 627.7263, the owner’s insurer is responsible for primary coverage is mandated by application of the state’s financial responsibility laws, as outlined in sections 324.151(l)(a) and 324.021(7), Florida Statutes. Fowler, 480 So.2d at 1290 . Section 324.151(l)(a) mandates that an owner’s liability policy shall insure “the owner ......

...e is to be primary “for the limits of liability and personal injury protection coverage as required by ss. 324.021(7) and 627.736.” 4 This statement recognizes the general rule discussed above that the owner’s insurance shall be primary. Since section 324.151(l)(a) mandates that an owner’s liability policy shall insure the owner and any permissible operator, it is logical to presume that the legislature’s statement in section 627.7263 that the lessor’s insurance would be primary cont...

...r. STEVENSON, J., dissents with opinion. . Although the language of the statute has been modified since it was first enacted, the language of the current statute is identical to that of the 1985 statute. . Ten thousand dollars ($10,000) per sections 324.151(l)(a) and 324.021(7), Florida Statutes (1985). . Although the Fowler court was interpreting the 1981 version of section 324.151(l)(a), the statute has only been amended once since then and this modification is not significant to the immediate discussion....

...State Farm Mutual Automobile Insurance Company v. Universal Underwriters Insurance Company, 365 So.2d 778 (Fla. 1st DCA 1978); World Rent-A-Car, Inc. v. Stauffer, 306 So.2d 131 (Fla. 2d DCA 1974). It is settled in this jurisdiction that an owner’s insurance policy under Section 324.151(1)(a), Florida Statutes (1973) covers the owner as well as “any other person as operator using such motor vehicle ....

...ult to argue that persons purchasing insurance policies in Florida are not well aware of the presence of family exclusion clauses in their policies, and the refusal of this state’s appellate courts to hold them void as contrary to public policy. 5 Section 324.151, Florida Statutes, sets out the requirements for motor vehicle liability policies to be proof of financial responsibility pursuant to section 324.031....

...d “SR-21 Forms” 1 2**from the Financial Responsibility Division of the State of Florida. Plaintiff asserts that, therefore, certification of defendant’s policy occurred by operation of law. This being so, it would follow that the provisions of § 324.151(1) became incorporated in the defendant’s policy, thus rendering the 150 mile territorial limit on liability null and void as being in conflict with the specific statutory provisions of the Florida Financial Responsibility Law....

...le anywhere within the United States of America or Canada. The provisions of this section are not applicable to a voluntary automobile liability policy until it is furnished as proof of financial responsibility for the future pursuant to § 324.031. § 324.151(2) F.S.A., Lynch-Davidson Motors v....

...The insured agrees to reimburse the company for any payment made by the company which it would not have been obligated to malee under the terms of this policy except for the agreement contained in this paragraph.” 3. That the Financial Responsibility Law of this state (Section 324.151, Florida Statutes, F.S.A.) provides in part: “A motor vehicle liability policy to be proof of financial responsibility under § 324.031(1), shall be issued to owners or operators under the following provisions : “(1) * * * “(2)...

PER CURIAM. We conclude, as did the trial court, that the liability coverage exclusion 1 does not *228 contravene section 324.151, Florida Statutes (1987), and is enforceable in the present case....

liability x>olicy as defined in § 324.021(8) and § 324.151, or (2) Posting with the state treasurer of a